Toys, Trains, Vintage Advertising, Carousel & Theater Fixtures: Day One

9.         Title – Title of each lot passes when the hammer falls and/or the auctioneer says “SOLD”. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. Employees or agents of Pook and/or Barrett shall not pack or transport the merchandise.  If the buyer requests assistance from an employee or agent of Pook and/or Barrett with packaging or transport it is fully at the risk, responsibility, and expense of the purchaser, and Pook and/or Barrett shall not be liable for any loss or damage that may be caused by such employee or agent. We are not responsible for any damage to property left on the premises, or removed and stored in a storage facility. Pook and/or Barrett is not responsible for the acts or omissions of third parties whom the buyer retains for shipping, or any damage that occurs after items are removed from Pook’s auction house.

10.       Buyer’s Premium – A buyer’s premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price.  A buyer’s premium for each individual lot is 20% (23% on Bidsquare and/or Live Auctioneers or other third party online bid platform) of the successful bid price up to and including $1,000,000, and 13% on any amount in excess of $1,000,000. This amount will be added to the successful bid price of each lot and is payable by the purchaser together with the applicable sales or use tax which is applied to the total cost of your purchase. Online purchasers pay an additional 5% buyer’s premium for the use of the online bidding services.

11.       Sales Tax – Buyers will be required to pay Pennsylvania Sales Tax of 6% at the time of payment unless: A) Items are shipped out of Pennsylvania by an ICC licensed shipping company; and/or, B) The buyer provides Pook with a valid Sales Tax License Number and completes and signs Pennsylvania Exemption Certificate (REV-1220).  The form is available at our office or found here:

http://www.revenue.pa.gov/FormsandPublications/FormsforBusinesses/Documents/Sales-Use%20Tax/rev-1220.pdf

12.       Payment – Payment can be made with cash, money order, cashier’s check, bank wire, or personal/business check made payable to Pook & Pook, Inc. For new clients, purchases paid for with personal/business check or international bank check/money order are not released until payment has cleared, 10 days post-deposit. We accept most major credit cards; however, there is a 3% surcharge to use your credit card for payment. Pook and/or Barrett do not accept debit cards, PayPal, BidPay and/or Western Union wires at this time. A fee of up to $50.00 will be charged for returned checks.

Items purchased for a third party must be paid for by the purchaser of record, regardless of whether the purchaser of record has received funds from the third party.

Payment is due no later than 10 days post sale. If payment is not received within 15 days of the day of sale, the credit card of record will be charged the invoice total plus a 3% surcharge. If no credit card is available or if payment has not been received within 28 days, Pook and/or Barrett will pursue alternate collection avenues starting 30 days from the day of sale in order to collect the balance due plus any storage, administrative, attorney, and/or court fees.  Contact: billing@pookandpook.com with any questions.

13.       Non-Payment – Pook and/or Barrett pay their consignors 30 days after the day of sale. If a buyer fails to make payment within 30 days of the day of sale, Pook and/or Barrett shall be entitled to do any or all of the following:

            a.         After 15 Days - Charge the credit card number provided to Pook and/or Barrett by the buyer for the total due plus any applicable fees (storage, interest, etc.) plus a 3% surcharge. If a deposit was submitted prior to bidding, this amount will not be refunded, but be kept and applied towards any owed amounts.

            b.         After 30 Days – File a Civil Complaint against the buyer to recover any balance due plus court fees, interest, storage fees, administrative costs, attorney fees, and any other applicable financial hardship caused to Pook and/or Barrett, and/or the consignor, or pursue other collection avenues to recover any and all losses.

            c.         Charge interest at a rate of 1% per month throughout the entire time frame of non-payment.

            d.         After 45 Days – Re-offer the items for sale, either publicly or privately, and collect any remaining balance owed after such sale from the original buyer, including, but not limited to:  total balance remaining, lost buyer’s premium, lost consignor’s fee, court costs, interest, storage fees, attorney fees, administrative costs including those related to re-selling the item(s), and any other related fees.

            e.         Reject further bidding or consignments by the buyer at any and all future auctions (Unpaid Item Disputes will be filed for all non-paying Bidsquare and/or Live Auctioneers bidders).

14.       Shipping/Pick-Up – Pook and/or Barrett do not provide in-house shipping, but will assist bidders in coordinating shipping with an outside shipping company. We reserve the right to hold merchandise purchased until payment has cleared the bank (10 days for personal checks, business checks, and overseas money orders/cashier’s checks), if we deem such action necessary to protect our interest.  Items paid for via bank wire transfer, cashier’s check, or money order will be released immediately.

All items must be picked up, or shipping arrangements made, within two weeks of the day of sale. All bidders must notify Pook by email (shipping@pookandpook.com), telephone, (610) 269-4040, or fax (610) 269-9274 regarding their chosen shipper. The purchaser must pay the shipper in advance for all packaging expenses, including labor, materials, postage, and, if applicable, insurance fees. If the property purchased is subject to laws governing export from U.S. or laws restricting imports into foreign countries, the granting of licensing for export and/or import of such goods is the responsibility of the buyer.

Pick-up times are Monday through Friday between 9AM and 4:30PM. A Pook and/or Barrett employee will bring purchases to successful buyers, and/or their shippers, but buyers, and/or their shippers, must pack/wrap and load their items.

15.       Storage Fees – Any items left at the gallery for more than two weeks following the sale will incur storage fees at a rate of $5.00 per lot, per day (this rate applies to all items regardless of size or value). Storage fees will begin on the 15^th day regardless of payment status.  Items still remaining at our gallery 45 days after the auction date will be considered abandoned and may be consigned to a future auction without additional notice to the purchaser.

16.       Firearms – Purchasers of firearms must strictly comply with all state and federal regulations governing their purchase, registration, and transportation.  Firearms requiring registration are designated in our catalogue as R (requires registration/FFL) or C&R (Curio & Relic).  Bidders of firearms requiring registration (R or C&R) will be required to provide their Federal Firearms License or be a licensed Collector of Curio & Relics.  If a purchaser does not possess a federal license, he/she must comply with additional registration as required by their resident state.  The purchaser is solely responsible for fees associated with the additional registration requirements charged by Pook or purchaser’s transfer agent.  If the purchaser is not in possession of a federal license and is not a resident of Pennsylvania, he/she must make arrangements with a transfer agent in their resident state.  If you are restricted from purchasing a firearm, please do not attempt to bid on any firearm.

17.       Copyright – All information, text, articles, data, images, or other materials provided by Pook and/or Barrett either on our website, printed catalogue, and/or third-party website are copyrighted and sole property of Pook and/or Barrett You may not edit, modify and/or make use of such copyrighted materials without the express, prior written consent of Pook and/or Barrett You may only use, download, and/or copy any materials for informational purposes.

18.       Limited Liability - Pook and/or Barrett shall not be liable for any amount in excess of that paid by the purchaser.  See Terms of Guarantee for further details.

19.       Jurisdiction - Purchasers are governed by the laws of the jurisdiction in which the auction is held.  By bidding at Pook and/or Barrett, purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania.

TERMS OF GUARANTEE

Pook and Pook, Inc. (hereinafter “Pook”) and Noel Barrett Auctions (hereinafter “Barrett”) auctions carry a limited guarantee. This guarantee is designed to protect the buyer against major discrepancies. (i.e. major restorations or repairs not described, fakes, forgeries, replicas, reproductions, or major fabrications) that would have a major effect upon the value of the item purchased.  The limited guarantee only applies to catalogue printed sales.

Pook and/or Barrett warrant the Authorship of items in Bold Face Type for a period of 15 days from the date of the sale of such lot and only to the original purchaser of record at the auction. If it is determined to Pook and/or Barrett’s satisfaction that the Bold Face Type is incorrect, the sale will be rescinded, provided the entire lot is returned to Pook and/or Barrett in the same condition in which it was at the time of the sale. It is also Pook and/or Barrett’s general policy to have the purchaser obtain, at the purchaser’s expense, the opinion of one (or two in some cases) recognized experts in the field, mutually acceptable to Pook and/or Barrett and the purchaser, before Pook and/or Barrett determines whether to rescind the sale.

“Authorship” is defined as the creator, period, culture, source of origin, as the case may be, as set forth in the Bold Face Type of a lot in a printed catalogue, with exception of amendments by any oral or written salesroom notices or announcements. All other warranties of authenticity of authorship, express or implied, are hereby disclaimed and purchaser shall take each lot “as is” and with all faults and errors of description.

Bold Face Type in the catalogue which identify an item specifically as the work of the named artist or author shall mean that the work is by the named artist or author (i.e. if the name of the artist is printed in Bold Face Type without a question mark and without any qualifying phrase such as “attributed to” or “circle of”. Bold Face Type in the catalogue attributing the work to a named artist or author shall mean that the work is of a period or school of the artist or author, but is not, with certainty, by the named artist or author. This may also be indicated with a question mark following the name of author.

The purchaser’s sole remedy in the event of disputed authenticity of authorship of any lot shall be rescission of the sale and restitution of the original purchase price and premium paid by such purchaser. Pook and/or Barrett hereby disclaim all liability for any damages, incidental, consequential or otherwise, arising out of or in connection with any sale to purchaser. Pook and/or Barrett will not refund any shipping and/or handling fees paid to a third party by the purchaser.

Bidders are expected to examine material prior to purchase and at the time of pickup. If a bidder is unable to examine an item in person, they are responsible for obtaining a Condition Report and an Auction Addendum prior to bidding. If you are a successful purchaser, prompt payment and shipping arrangements are expected, followed by immediate examination of all material purchased. The purchaser must notify Pook and/or Barrett of any major discrepancies to the description listed in Bold Face Type (unless previously corrected in the Condition Report and/or Addendum). Pook and/or Barrett pay their consignors 30 days after the day of sale. Once consignors have been paid, Pook and/or Barrett will not honor any requests for refunds. If a buyer suspects a major discrepancy, and will need longer than 30 days post sale to obtain documentation of such a discrepancy, they must notify Pook and/or Barrett in writing prior to that deadline so that payment can be withheld from the consignor until such time as the discrepancy is resolved or the sale is rescinded.

Please note that this limited guarantee does not extend to any condition report, oral or written, provided to the buyer by Pook and/or Barrett Condition reports are provided as a courtesy and are not a replacement for physical observation/examination of the item(s) bidders wish to purchase, and as such, bidders must assume the responsibility for any errors or omissions contained therein.

All dimensions given in the catalogue are approximate and are not guaranteed. All weights, grades, and sizes listed are approximate.

Definitions of statements:

a.         “Attributed to” - work is of the period of the named artist and may be the work of that artist, but is not definitely.

b.         “Circle of” - work of the period closely associated with the artist or from his studio.

c.         “School of” - work by a pupil or follower of the artist, in his style.

d.         “After” - in our opinion, a copy of the work of the artist.

e.         “Signed” - has a signature which in our qualified opinion is the signature of the artist.

f.          “Bears signature” - has signature which in our qualified opinion, might be the signature of the artist.

EXCLUSIONS

Notwithstanding any other provision of these Terms of Guarantee, Pook and/or Barrett disclaim all warranties of authenticity of authorship for all lots consisting of works of fine art by or attributed to artists, authors, or persons living before 1870 and, when no artist, author or person is so identified, works attributed to a period which includes any date prior to 1870 and all warranties relating to the identification of the periods or dates of execution of property which may be proven inaccurate.

Clocks and Mechanical items – Items with mechanical parts such as clocks, mechanical banks, music boxes, etc. are not guaranteed to be in working condition.

Display materials – Display materials such as shelves, holders, and platform bases which may be shown in photographs are not included with any lot unless specifically stated in the written description.

Lot Sampling – Lots depicted with the words “lot sampling” also in the photograph are only guaranteed to have those items listed in the written description.

Firearms – Purchasers of firearms must strictly comply with all state and federal regulations governing their purchase, registration, and transportation.  See Conditions of Sale for further information.  We do not guarantee the working condition of any firearm.  Pook and/or Barrett will not be liable for accident or injury resulting in purchase of firearm.  Purchasers should have all firearms they purchase examined by a certified gunsmith prior to use.

Jewelry - All jewelry weights and measurements are approximate.  Items with semi-precious and precious stones are not returnable once they have been removed from our auction gallery.

Electrified items – We do not guarantee the working condition of any electrified items such as lamps.  Pook and/or Barrett will not be liable for accident or injury resulting in the use of any electrified item.  Purchasers should have all electrified items they purchase examined by a certified electrician prior to use.

Oriental Rugs - Pook and/or Barrett does not guarantee the names or patterns of Oriental rugs.  Sizes provided are approximate.

Wine and Spirits – Purchasers of alcoholic beverages must be at least 21 years of age.  Wine and spirits sold at auction may be subject to laws governing export from the Commonwealth of Pennsylvania/US and import to other states/foreign countries. It is the Purchaser’s responsibility to obtain any necessary import/export license and should secure the license prior to purchase.  Sales will not be rescinded for inability to obtain a license or delay of same.

Purchasers are governed by the laws of the jurisdiction in which the auction is held. By bidding at Pook and/or Barrett purchasers consent to the exclusive jurisdiction of the courts in the Commonwealth of Pennsylvania.  Bidding on any item indicates your acceptance of these Terms and all other terms announced/published at the time of sale.